Section 39 of The Parsi Marriage and Divorce Act, 1936.
1[Where in any suit under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the suit, as, having regard to the plaintiff's own income and the income of the defendant, it may seem to the Court to be reasonable: 2[Provided that the application for the payment of the expenses of the suit and such weekly or monthly sum during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Summary
- This section allows the court to order temporary financial support while a marriage suit is still going on.
- Either the husband or the wife can apply for this support if they lack enough income.
- The support includes the expenses of the lawsuit and a regular weekly or monthly payment for living costs.
- The court decides the amount based on the income of both the husband and the wife.
- The court should try to decide on this application within sixty days from the time the other spouse is notified.
Practical examples
FAQ
1. What is the purpose of Section 39 of the Parsi Marriage and Divorce Act, 1936?
Section 39 of the Parsi Marriage and Divorce Act, 1936, provides for financial support and legal expenses while a matrimonial suit is ongoing.
2. Who can apply for alimony pendente lite under Section 39 of the Parsi Marriage and Divorce Act, 1936?
Under Section 39 of the Parsi Marriage and Divorce Act, 1936, either the wife or the husband can apply if they lack sufficient independent income.
3. How does the court calculate the amount of support under Section 39 of the Parsi law?
The court looks at both the plaintiff's income and the defendant's income to decide a reasonable amount under Section 39 of the Parsi Marriage and Divorce Act, 1936.
4. Is there a time limit for the court to decide on maintenance under Section 39 of the Parsi Marriage and Divorce Act, 1936?
Yes, Section 39 of the Parsi Marriage and Divorce Act, 1936, states the application should, as far as possible, be disposed of within sixty days from the date of service of notice.
Test yourself
Q1.What is alimony pendente lite as described in Section 39 of the Parsi Marriage and Divorce Act, 1936?
Q2.Under Section 39 of the Parsi Marriage and Divorce Act, 1936, what must a spouse lack to qualify for support?
Q3.What is the target timeline for disposing of an application under Section 39 of the Parsi Marriage and Divorce Act, 1936?
Q4.In Section 39 of the Parsi Marriage and Divorce Act, 1936, the court must consider the income of which party?